District :
South 24 Parganas
In the Court
of the Learned 1st Executive Magistrate, at Alipore, South 24
Parganas.
M.P.
Case no. of 2022
In
the matter of :
1) Smt. Pampa
Seikh, Wife of Habib Seikh, Daughter of Late Tapan Zashu, aged about 32 years,
residing at Village – Moukhali (Gayener Dokan), Post Office – Charashyamdas,
Police Station – Bishnupur, Pin – 743503, District South 24 Parganas, Mobile
No. 9051997359.
2) Smt. Tandra
Zashu, Son of Late Tapan Zashu, aged about 46 years, residing at Village –
Moukhali (Gayener Dokan), Post Office – Charashyamdas, Police Station –
Bishnupur, Pin – 743503, District South 24 Parganas, Mobile No. 9230129415.
________Petitioners
- Versus –
Bishnupur
Police Station
1) Sri Jaydev Banu, Son of Arjun Chandra
Banu, residing at Village Mamudpur, Post Office – Charshyamdas, Police Station
– Bishnupur, Pin – 743503, District South 24 Parganas.
2) Uttam Kumar Banu, Son of Arjun Chandra
Banu, residing at Village Mamudpur, Post Office – Charshyamdas, Police Station
– Bishnupur, Pin – 743503, District South 24 Parganas.
3) Swapan Banu, Son of Sital Banu, residing
at Village Mamudpur, Post Office – Charshyamdas, Police Station – Bishnupur, Pin
– 743503, District South 24 Parganas.
4) Ashit Zashu, Son of Bhim Zashu, residing
at Village Mamudpur, Post Office – Charshyamdas, Police Station – Bishnupur, Pin
– 743503, District South 24 Parganas.
5) Shasanka Shee, residing at Village
Mamudpur, Post Office – Charshyamdas, Police Station – Bishnupur, Pin –
743503, District South 24 Parganas.
______Opposite
Parties
An application
under Section 144(2) of the Criminal Procedure Code’ 1973
The
humble petition of the above named petitioner, most respectfully;
Sheweth as
under :
1.
That
the petitioners are peace loving and law abiding Citizen of the Country, residing
at the address as given in the cause
title of this application, which is well fall under the jurisdiction of the
Learned Court.
2.
That
the Petitioner no.1, Pampa Seikh is a daughter of the Petitioner no. 2, herein
Smt. Tandra Zashu. The Petitioners are House wife by their Occupation. The
Petitioner acquired the Schedule Property by way of inheritance on demise of
Tapan Zashu and the predecessors.
3.
That
the Petitioners are absolute joint Owners by way of their inheritance from
their predecessors, in respect of the Schedule Property being ALL THAT piece
and parcel of Land measuring about 30 Decimals of Danga nature, in Mouza –
Mamudpur, J.L. no. 33, Khatian no. 2065, Dag no. 217, Post Office Charshyamdas, Police Station
– Bishnupur, Pin – 743503, District South 24 Parganas. The final R.O.R. has
been published in their favour by the office of the concerned B.L. & L.R.O.
4.
That
the Petitioners are in possession of the schedule property, which has been
referred herein above, without any hindrances and interferences by any one. The
schedule property is in nature of “Danga” as recorded in R.O.R., by the
concerned Revenue Officer.
5.
That
the Opposite Parties have no right, title, and interest by any way on the
schedule property of your petitioners. The opposite parties are not attached in
any way with the schedule property of your petitioners. The aforestated
schedule property exclusively belong to your petitioners as the same has been
confirmed by the revenue officer concerned by way of publication of R.O.R. in
favour of your petitioners.
6.
That
on 03-07-2022, at about 10:30 am in the morning, your Petitioners found that
the Opposite Parties with their men and agents trying to fence by bamboo sticks
the said schedule property. The petitioners raised their objection and
obstruction to such unlawful activities of the Opposite Parties. The Opposite
Parties got aroused and thereby they used most filthy languages to your
petitioner and assaulted to you petitioners by several fist and blows, resulting
which your petitioners, sustained solemn bodily pain and feeling much insulted.
On hearing such hue and cry of your petitioners the vicinity people come
forward and their due intervention the opposite parties leaved the said
schedule property with sustainable threat to visit again on the said schedule
property of your petitioner to raise fence surrounding the property as they
left their bamboo sticks on the said schedule property of your petitioners.
7.
That
your petitioners being women got much depressed after such incident, and went
to the police station at Bishnupur Police Station, and acknowledge such facts
vide oral complaint, which has been registered as a General Diary Entry no.
173, dated 03-07-2022, by the Police Officials, and whereas the Police advised
your petitioners to take appropriate order from the Learned Court of Executive
Magistrate, Alipore, South 24 Parganas, so that the Police can take action in
terms of the prescribed provision of the Law, thereof.
8.
That
the cause of action arose on 3rd day of July’ 2022, when the
Opposite Parties openly threatened the Petitioners within the premises under
the Police Station- Bishnupur, which lies in the jurisdiction of this Learned
Court.
9.
That
your Petitioners beg to state that finding no other alternative the petitioners
lodge this facts with the concern police station at Bishnupur, with a request
for the appropriate legal recourses against the opposite parties to prevail law
and order at the locality.
10.
That
the Police did not take any steps in terms of the facts and in the Law, nor
cause any enquiry thereof. The opposite parties get indulgence of such inaction
of the police authority concern of the Bishnupur Police Station, and therefore
the Opposite Parties, with their men and agents, trying themselves, time and
again to cause enormous disturbance at the schedule property.
11.
That
in given facts and circumstances, your petitioners are in much disturbance at
the schedule premises at the behest and instances of the opposite parties, who
deliberately and willfully cause the disturbance on their visit at the schedule
premises.
12.
That
the Opposite parties are creating and sustaining breach of peace at the
schedule premises by their unwanted, unauthorized, illegal purported and
perverted activities at the schedule premises, with the help of their men,
agents and associates thereof.
13.
That
the Opposite Parties are of dangerous in nature and much perverted to cause
disturbance and harassment to your petitioner.
14.
That
your Petitioners beg to state that the situation is very tensed and there is
every possibilities of serious breach of peace due to continuous illegal
intervention on the schedule property of the petitioner, thereof.
15.
That the petitioners state and submit that the Opposite
Parties deliberately, willfully, causes such acts and illegal deeds, breaching
peace at the premises of your petitioner, continuously, day by day, and did not
stop such illegal activities, even after reporting to the Police.
16.
That
your petitioners being frightened on seeing vulgar activities of the opposite
parties and their members as they are desperate and danger in nature, at any
moment a serious breach of peace may occur at the scheduled property, if the
opposite parties and their members are not restrained from their illegal and
unlawful activities.
17.
That
the situation is aggravated and tension mounted on your petitioners, have a
reasonable apprehension that a serious breach may take place any moment.
18.
That
the opposite parties are commonly intended to commit the breach of peace under
the locality and in a view to establish their wrongful demands and to harass
and hackle the petitioners in every manner.
19.
That
thus the Petitioners are compelled to resort the legal proceeding before this
Ld. Court.
20.
That
this application is made bonafide in the interest of administration of justice.
In the circumstances, it is therefore prayed that
your Honour would graciously be pleased to drawn up proceeding under section
144 (2) of the Criminal Procedure Code’ 1973, and further be pleased to direct
the Officer-in-Charge of Police of the Bishnupur Police Station to restrain the Opposite Parties
and their men and agents and associates,
to enter upon the schedule property of the petitioners, and to stop
their illegal and unlawful activities on the
schedule property of the petitioners i.e. as described in the schedule,
herein, by the opposite parties, and to submit report, and / or to pass such
other necessary order or orders as your Honour may deem fit and proper for the
end of justice.
And for this act of kindness, your Petitioner, as in duty bound shall
ever pray.
SCHEDULE OF PROPERTY
ALL THAT piece
and parcel of Land measuring about 30 Decimals of Danga nature, in Mouza –
Mamudpur, J.L. no. 33, Khatian no. 2065, Dag no. 217, Post Office Charshyamdas, Police Station
– Bishnupur, Pin – 743503, District South 24 Parganas.
VERIFICATION
I,
Smt. Pampa Seikh, Wife of Habib Seikh, Daughter of Late Tapan Zashu, aged about
32 years, residing at Village – Moukhali (Gayener Dokan), Post Office –
Charashyamdas, Police Station – Bishnupur, Pin – 743503, District South 24
Parganas, the petitioner no. 1, of the instant application,
do hereby state that I am well conversant and acquainted with the instant
proceeding / case matter and verify this application on ……………..day of
…………………..2022, at Alipore, South 24 Parganas.
_____________________
Identified
by me,
Advocate.
Prepared in my office.
Advocate.
Dated :………………………..…2022.
Place : Alipore, South 24-Parganas.
AFFIDAVIT
I,
Smt. Pampa Seikh, Wife of Habib Seikh, Daughter of Late Tapan Zashu, aged about
32 years, by faith Muslim, by Occupation House Wife, residing at Village –
Moukhali (Gayener Dokan), Post Office – Charashyamdas, Police Station – Bishnupur,
Pin – 743503, District South 24 Parganas, do hereby solemnly affirm and says as
follows;
1.
That I am the Petitioner no.1, herein
in the present application. I am acquainted and conversant with the material
facts as stated in the foregoing paragraphs of my present application. I am
Competent to swear this affidavit. I am authorized by my mother being the
Petitioner no.2, herein to swear this affidavit on her behalf.
2.
That the content of the paragraph no.
1 to _____, are true to my knowledge and belief and the rests are my humble
submissions, before the Learned Court.
The above statements are true to my knowledge and
belief.
DEPONENT
Identified
by me,
Advocate
Prepared in my Shereshta,
Advocate
Date : 7th day of
July’ 2022
Place : Alipore, Kolkata
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